MagikNET EURL provides downloadable mobile entertainment content, specifically mobile phone wallpapers (the Download(s)) through its online (WWW and WAP) services to compatible mobile devices (the Service).
After registering a free account using the Service and activating your instant access using one of the listed payment options, The Full Access Service grants you a pass to download all the available mobile content using all compatible mobile devices you may possess up to a maximum of four (4) different devices for a period of one (1) month. This Service does NOT reccur and is NOT a subscription, your payment is final and no other charges will be billed to you after your first payment. The downloaded content through the Full Access Service remains yours after the expiration of your subscription, as long as the use of said Downloads obeys these terms & conditions at anytime and lifetime.
The Coins System Service authorizes you, once you have purchased a selected amount of coins, to access specific Downloads of mobile wallpapers of your choice in exchange of a fixed coins cost. Please note that the Refund Policy does not cover the Coins System Service, as no refunds are allowed for coins. All sales are final under this Coins System Service. This Service does NOT reccur and is NOT a subscription, your payment is final each time you buy coins. Once you have depleted your coins balance, you will be offered the option to buy more coins, at your sole discretion.
When using this Service, you agree to be bound by the current agreement which must be entirely read by you. If upon taking cognizance of the whole agreement you do not agree to the terms, then you must immediately quit and stop accessing this Service.
All materials, including but not limited to texts, images, wallpapers, graphics or any other elements produced by MagikNET EURL and displayed or made at your disposal using the Service or through the website Wallpaper4Mobile.com and its subdomains (the Website) are copyrighted and property of MagikNET EURL and are protected by international copyright laws. We may pursue whatever necessary means and legal actions to ensure that this copyright notice is fully respected. Also note that any program, publication, design, product, technology, information, know-how or idea available on this Website may be the subject of other rights, including trademarks or other intellectual property rights, which are owned by their respective owners. These trademarks and copyrights are not licensed to you hereunder.
You acknowledge and agree that the Download(s) made available as part of the Service are owned in full by MagikNET EURL and are protected by intellectual property laws. MagikNET EURL hereby grants, and you hereby accept, a limited, non-exclusive, non-transferable, revocable license to download and use the Download(s) and the Service on a designated compatible mobile device solely for your own personal non-commercial use. You further acknowledge and agree that you may not reproduce, modify, perform, transfer, distribute, sell, create derivative works of or otherwise use or make available the Download(s) except as expressly provided in this Agreement.
YOU EXPRESSLY AGREE THAT THE USE OF THIS SERVICE OR ANY OF THE MATERIALS CONTAINED THEREIN IS AT YOUR DISCRETION AND AT YOUR OWN AND SOLE RISK. THE SERVICE AND ALL MATERIALS CONTAINED THEREIN ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. MAGIKNET EURL DOES NOT OPERATE ITS PARTNER'S WEBSITES. MAGIKNET EURL MAKES NO REPRESENTATIONS OR WARRANTIES THAT THIS WEBSITE OR ANY MATERIALS (INCLUDING EXTERNAL LINKS) CONTAINED THEREIN WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES MAGIKNET EURL MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF THE SERVICE OR ANY OF THE MATERIALS CONTAINED THEREIN. YOU ALSO UNDERSTAND AND AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM / MOBILE SYSTEM / ELECTRONIC DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
IN NO EVENT WILL MAGIKNET EURL, ITS EMPLOYEES, DISTRIBUTORS, SUPPLIERS, MERCHANT PARTNERS, BUSINESS ASSOCIATES, ADVERTISERS, DIRECTORS OR AGENTS (COLLECTIVELY "PROTECTED PARTIES") BE LIABLE FOR ANY INDIRECT DAMAGES OR OTHER RELIEF ARISING OUT OF YOUR USE OR INABILITY TO USE THE SERVICE INCLUDING, BY WAY OF ILLUSTRATION AND NOT LIMITATION, LOST PROFITS, LOST BUSINESS OR LOST OPPORTUNITY, OR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING LEGAL FEES, ARISING OUT OF SUCH USE OR INABILITY TO USE THE SERVICE, EVEN IF A PROTECTED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. IN NO EVENT WILL PROTECTED PARTIES MAXIMUM CUMULATIVE LIABILITY UNDER THE TERMS AND CONDITIONS EXCEED THE MONETARY VALUE FOR ACCESSING THE SERVICE (IN US DOLLARS).
You agree to indemnify MagikNET EURL against any and all claims, liabilities, and costs, including reasonable attorneys' fees, reasonably incurred in the defense of any claim or suit arising out of or otherwise related to these Terms and Conditions, including without limitation, any breach by you of this Agreement. MagikNET EURL shall promptly notify you by electronic mail of any such claim or suit, and cooperate fully (at your expense) in the defense of such claim or suit. MagikNET EURL may participate in the defense of such claim or defense at its own expense, and choose its own legal counsel, but is not obligated to do so.
The laws of France will govern these Terms and Conditions, without reference to conflicts of law principles.
These Terms and Conditions sets forth the entire understanding and agreement between you and MagikNET EURL and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, with respect to the subject matter hereof. If any provision or provisions hereof shall be held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not be in any way affected or impaired thereby. No amendment to or modification of these Terms and Conditions will be binding unless in writing and signed by a duly authorized representative of both parties.
